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Section 6-6-661


Published: 2015

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Section 6-6-661

Section 6-6-661Venue.

The summary remedies given in this article must be enforced in the manner following, except in cases otherwise specially provided in this article:



(1) When the motion is against a sheriff, coroner, clerk, or other officer of court, or their sureties, the motion must be made in the circuit court of the county in which such officer was acting officially at the time of the default or in the court to which the process was returnable when the default consists in the failure to execute or return process or to pay over money collected thereon; and



(2) In all other cases not specially provided for, the motion must be made in the circuit court of the county in which the person moved against resides or, if he has no permanent residence, then in any county where he may be found.

(Code 1852, §2600; Code 1867, §3029; Code 1876, §3355; Code 1886, §3099; Code 1896, §3767; Code 1907, §5903; Code 1923, §10230; Code 1940, T. 7, §594.)